NYSNYS NEWS WEEK IN REVIEW: Cuomo announces new state agency VIDEOS

ALBANY - Gov. Andrew Cuomo announces a new state agency that will investigate reports of abuse of the developmentally disabled in state care. President Obama visits SUNY Albany. Obama's gay marriage endorsement puts a spotlight on New York. Plus, fundraisers, political notes and a look ahead.

CUOMO ANNOUNCES NEW AGENCY FOR DISABLED: The governor announced the creation of a new state agency that will investigate and prosecute the abuse of developmentally disabled people in state supported homes. The new agency comes after reports of the abuse and deaths of handicapped people living in state custody or in community residences funded and regulated by the state.

Cuomo said the "legislation will create a new Justice Center for the Protection of People with Special Needs, an initiative that will transform how the state protects over one million New Yorkers in State operated, certified or licensed facilities and programs. The Justice Center will have a Special Prosecutor and Inspector General for the Protection of People with Special Needs who will investigate reports of abuse and neglect and prosecute allegations that rise to the level of criminal offenses. It will also include a 24/7 hotline run by trained professionals, a comprehensive statewide database that will track all reports of abuse and neglect and a statewide register of workers who have committed serious acts of abuse who will be prohibited from ever working with people with disabilities or special needs."

"This is about safeguarding the civil rights of the more than one million New Yorkers with disabilities and special needs who for too long have not had the protections and justice they deserve," Cuomo said.

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Cuomo also announced that the state Office for People with Developmental Disabilities is seeking to fire some 200 workers accused of abusing disabled people. But he said no administrators at OPWDD would lose their jobs. He said the abuses were "systemic" and involved many state agencies, and also said the blame should be shared by the news media for not exposing the problems and for local district attorneys for not aggressively prosecuting cases.

OPWDD is the latest name for the state agency that oversees care of the mentally retarded and developmentally disabled. It was formerly known as the Office of Mental Retardation and Developmental Disabilities, which was spun off from the Department of Mental Hygiene in the 1970s.

Cuomo said his proposed legislation will "replace confusing and inconsistent definitions of abuse and neglect in various laws and regulations with a single consistent standard applicable to human services systems. Under the legislation, a new level of transparency will be created for non-state operated facilities and programs licensed or certified by the State to serve people with disabilities and special needs. These entities will need to follow transparency guidelines based on FOIL for information requests regarding abuse or neglect of the people they serve. The Governor's proposed legislation will also increase criminal penalties for endangering the welfare of people with disabilities and special needs and strengthen a prosecutor's ability to prove that any of these individuals in a facility operated, licensed or certified by the State were the victims of sexual abuse."

Advocates said they had not seen the specific bill language of Cuomo's plan, but expressed support for his efforts. New York's programs to care for the disabled have been under a microscope since the death five years ago of Jonathan Carey, an autistic boy killed by a state worker who was trying to restrain him. New York's system for caring for the disabled has been a national symbol for failure since the Willowbrook scandal came to light in the 1970s.

Staten Island's Willowbrook State School was the largest state institution for the mentally retarded in the U.S. Its deplorable and inhumane conditions were exposed repeatedly in the 1960s and 1970s but it was not closed until 1987. Among other abuses, residents there were intentionally infected with hepatitis by doctors and used as guinea pigs to gauge the progress of the fatal liver disease.

The New York Times has published a series of articles called "Used and Abused" documenting abuses and state mismanagement of care of the disabled.

OBAMA IN ALBANY: President Obama visited the SUNY Albany Nanoscale Science and Engineering College this week, making his third visit to the Albany area since becoming president. He has come there repeatedly to showcase the region's burgeoning technology industry and affiliated academic research facilities, which he sees as a model for post-manufacturing economy of the U.S.

"The reason I came here today is because this school and this community represents the future of our economy," Obama said. "Right now, some of the most advanced manufacturing work in America is being done right here in upstate New York. Cutting-edge businesses from all over the world are deciding to build here and hire here. And you've got schools like this one that are training workers with the exact skills that those businesses are looking for."

"Now, we know the true engine of job creation in this country is the private sector - it's not Washington. But there are steps we can take as a nation to make it easier for companies to grow and to hire, to create platforms of success for them - everything from giving more people the chance to get the right training and education to supporting new research projects into science and technology. In fact, there was a substantial investment made here -- I was talking to Governor Cuomo about the investment his father made here to help get this center started."

Obama's remarks reflected the jockeying for credit that is taking place as a result of the success of the SUNY center and the new GlobalFoundries computer chip plant built in nearby Saratoga County. Cuomo claims his father Mario Cuomo, who left office in 1994, laid the groundwork for the current successes. The projects got off the ground during the Pataki Administration, largely because Senate Majority Leader Joseph Bruno represented the Albany area, and Assembly Speaker Sheldon Silver made a priority of funding technology projects associated with SUNY Albany.

CUOMO REACTS TO OBAMA BACKING GAY MARRIAGE: New York's 2011 gay marriage law was in the spotlight again this week after President Obama's switched positions and endorsed marriage equality one day after his Albany visit. Obama said he favored legalization, but would leave it up to the states to decide whether to do so. Prior to changing his position, Obama only supported civil unions for same sex couples.

Thirty one states have passed constitutional amendments barring gay marriage and the federal Defense of Marriage Act signed into law by President Clinton in 1996 prohibits recognition of marriage other than between a man and woman. Obama has called for its repeal but the law has so far proved to be both politically popular and able to withstand legal challenges.

"At a certain point, I've just concluded that for me personally it is important for me to go ahead and affirm that I think same-sex couples should be able to get married," Obama told ABC News. "I had hesitated on gay marriage in part because I thought that civil unions would be sufficient. I was sensitive to the fact that for a lot of people, the word marriage was something that invokes very powerful traditions and religious beliefs."

Cuomo held two press conferences in one day to talk about Obama and gay marriage, subtly taking credit for Obama's switch by saying New York set the example the rest of the nation will follow. He called Obama's announcement a major advancement of the marriage equality cause and predicted it would "accelerate action" action elsewhere, despite the fact voters have rejected gay marriage every time they have had an opportunity to vote on it at the state level.

Also this week, the 2011 gay marriage law appeared to have claimed the re-election hopes of Senator James Alesi, a Rochester area Republican who has come under fire for switching his vote. He announced he would not seek re-election after a 20 year career in the Legislature. Alesi faced a tough primary challenge, and also had to contend with criticism of a lawsuit he filed after he was hurt while trespassing at a home construction site in his district.

POLITICAL NOTES

MONSERRATE GUILTY PLEA: Former State Sen. Hiram Monserrate, one of the leaders of the 2009 Senate coup, pleaded guilty May 4 to stealing charitable funds while he served on the New York City Council. He faces up to two years in prison when he is sentenced on Sept. 14.

ESPADA FINED $80,000: The Legislative Ethics Commission fined former Senator Pedro Espada $80,000 for putting his uncle on the Senate payroll. The fine covers a $10,000 civil penalty and the $70,000 salary paid to the relative. Espada is on trial in the Bronx on corruption charges and the jury reported this week it was having problems reaching a verdict.

NO ULTIMATE FIGHTING BILL: The Assembly won't hold a vote on the Mixed Martial Art Ultimate Fighting bill. New York remains one of the few states that do not permit the bloody but wildly popular sport.

A LOOK AHEAD

KERRY KENNEDY IN ALBANY: Kerry Kennedy, President of the Robert F. Kennedy Center for Justice and Human Rights, will be the Albany College of Pharmacy and Health Sciences 2012 commencement speaker. This year's graduation ceremony will be held on May 12 at 2 p.m. at the Empire State Plaza Convention Center.

Kennedy started working in the field of human rights in 1981, when she investigated abuses committed by U.S. immigration officials against refugees from El Salvador. Since then, her life has been devoted to the pursuit of justice, to the promotion and protection of basic rights, and to the preservation of the rule of law. She established the Robert F. Kennedy Center for Human Rights in 1988. Ms. Kennedy is also Chair of the Amnesty International USA Leadership Council and serves on the boards of directors of Human Rights First, Inter-Press Service and the United States Institute for Peace. She received high honors from President Lech Walesa of Poland for aiding the Solidarity movement and is the recipient of many other prizes.

SCHOOL BUDGET VOTING: School districts hold budget votes on May 15.

CUOMO INSURANCE HEARING: Benjamin M. Lawsky, Superintendent of the Department of Financial Services, today announced that public hearings will begin on May 17 in New York City to review whether rates for force-placed insurance are appropriate or excessive and to examine the relationships between and payments to and from insurers, banks, mortgage servicers and insurance agents and brokers. Thestate Department of Financial Services will conduct the hearings from 10 a.m. to 5 p.m. beginning on May 17. The hearings will likely continue on May 18 and 21. The hearings will be held in the Neil Levin Hearing Room on the 5th floor of the Department's offices at 25 Beaver St. in Manhattan. The hearings will be webcast.

INDIAN POINT HEARING: Nuclear Regulatory Commission staff will conduct a public meeting and open house on May 17, regarding the agency's annual assessment of safety performance for the Indian Point nuclear power plant. The public meeting and open house will take place from 6 to 9 p.m. at the DoubleTree Hotel, at 455 South Broadway in Tarrytown.